Terms and ConditionsBy entering this site, you agree to be bound by these terms and conditions. The parties to this Agreement are you and Dataworld BV, a Dutch Corporation ("Company"). Subject to the terms and conditions set forth in this Agreement, should you decide to become a Subscriber, the Company agrees to provide to you all the privileges of subscription to this Site that are available to a Subscriber in good standing. This Agreement is subject to change by Company at any time, and changes are effective upon notice to the Subscriber by e-mail or posting at this Site. AGREEMENT TO VIEW ADULT MATERIAL - THE SITE IS DESIGNED AND INTENDED SOLELY FOR CONSENTING ADULTS - PEOPLE WHO ARE AT LEAST 18 YEARS OLD (21 IN AL, MS, NE, WY, AND ANY OTHER LOCATION WHERE 18 IS NOT THE AGE OF MAJORITY - IF YOU ARE IN ANY DOUBT, DO NOT CONSIDER YOURSELF TO BE OF LEGAL AGE UNTIL YOU ARE 21)-- WHO ARE INTERESTED IN AND WISH TO HAVE ACCESS TO VISUAL IMAGES, VERBAL DESCRIPTIONS AND AUDIO SOUNDS OF A SEXUALLY ORIENTED, FRANKLY EROTIC NATURE AND WHO ARE IN LOCATIONS WHERE THE MATERIALS, MESSAGES AND OTHER COMMUNICATIONS CONTAINED AT THIS SITE DO NOT VIOLATE ANY COMMUNITY STANDARDS OR ANY FEDERAL, STATE OR LOCAL LAW OR REGULATION OF THE UNITED STATES OR ANY OTHER COUNTRY. NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE CONTENTS OF THIS SITE OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT OR IN THIS SITE. BY ENTERING THE SITE YOU ARE MAKING THE FOLLOWING STATEMENTS: "I ACKNOWLEDGE AND AGREE THAT ALL MATERIALS CONTAINED AT THIS SITE ARE PROPRIETARY AND CONSTITUTE VALUABLE INTELLECTUAL PROPERTY. I ACKNOWLEDGE AND AGREE THAT AS SUCH, I MAY ONLY ACCESS, VIEW, DOWNLOAD, RECEIVE AND OTHERWISE USE THE MATERIALS AVAILABLE AT THIS SITE ONLY AS AUTHORIZED BY THE COMPANY." "UNDER PENALTY OF PERJURY, I SWEAR/AFFIRM THAT AS OF THIS MOMENT, I AM AN ADULT, AT LEAST 18 YEARS OF AGE (21 IN AL, MS, NE, WY, AND ANY OTHER LOCATION WHERE 18 IS NOT THE AGE OF MAJORITY)." "I PROMISE THAT I WILL NOT PERMIT ANY PERSON(S) UNDER 18 YEARS OF AGE (21 IN AL, MS, NE, WY, AND ANY OTHER LOCATION WHERE 18 IS NOT THE AGE OF MAJORITY) TO HAVE ACCESS TO ANY OF THE MATERIALS CONTAINED WITHIN THIS SITE." "I UNDERSTAND THAT WHEN I GAIN ACCESS TO THIS SITE, I WILL BE EXPOSED TO VISUAL IMAGES, VERBAL DESCRIPTIONS AND AUDIO SOUNDS OF A SEXUALLY ORIENTED, FRANKLY EROTIC NATURE, WHICH MAY INCLUDE GRAPHIC VISUAL DEPICTIONS AND DESCRIPTIONS OF NUDITY AND SEXUAL ACTIVITY. I AM VOLUNTARILY CHOOSING TO DO SO, BECAUSE I WANT TO VIEW, READ AND/OR HEAR THE VARIOUS MATERIALS THAT ARE AVAILABLE, FOR MY OWN PERSONAL ENJOYMENT, INFORMATION AND/OR EDUCATION. MY CHOICE IS A MANIFESTATION OF MY INTEREST IN SEXUAL MATTERS WHICH, I BELIEVE, IS BOTH HEALTHY AND NORMAL AND WHICH, IN MY EXPERIENCE, IS GENERALLY SHARED BY AVERAGE ADULTS IN MY COMMUNITY. I AM FAMILIAR WITH THE STANDARDS IN MY COMMUNITY REGARDING THE ACCEPTANCE OF SUCH SEXUALLY ORIENTED MATERIALS, AND THE MATERIALS I EXPECT TO ENCOUNTER ARE WITHIN THOSE STANDARDS. IN MY JUDGEMENT, THE AVERAGE ADULT IN MY COMMUNITY ACCEPTS THE CONSUMPTION OF SUCH MATERIALS BY WILLING ADULTS IN CIRCUMSTANCES SUCH AS THIS WHICH OFFER REASONABLE INSULATION FROM THE MATERIALS FOR MINORS AND UNWILLING ADULTS, AND WILL NOT FIND SUCH MATERIALS TO APPEAL TO A PRURIENT INTEREST OR TO BE PATENTLY OFFENSIVE." "I FURTHER REPRESENT AND WARRANT THAT I HAVE NOT NOTIFIED ANY GOVERNMENTAL AGENCY, INCLUDING THE U.S. POSTAL SERVICE, THAT I DO NOT WISH TO RECEIVE SEXUALLY ORIENTED MATERIAL." "I AGREE THAT I SHALL AT NO TIME ACCESS, VIEW, DOWNLOAD, RECEIVE OR OTHERWISE USE, OR CAUSE OR ENABLE OTHERS TO ACCESS, VIEW, DOWNLOAD, RECEIVE OR OTHERWISE USE MATERIALS, DIRECTLY OR INDIRECTLY IN PLACES WHICH THE COMPANY DOES NOT AUTHORIZE SUCH ACCESS, VIEWING, DOWNLOADING, RECEIPT OR OTHER USE. I HEREBY ACKNOWLEDGE AND AGREE THAT NO MATERIALS FROM ANY PARTS OF THIS SITE ARE AUTHORIZED, AND NO MATERIALS ARE INTENDED, BY THE COMPANY TO BE ACCESSED, VIEWED, DOWNLOADED OR USED BY, OR TRANSMITTED, BROADCAST OR OTHERWISE DISSEMINATED TO ANY PERSON OR ENTITY LOCATED IN ANY AND ALL AREAS DESIGNATED AS PROHIBITED AREAS BELOW. I AGREE THAT ANY AND ALL UNAUTHORIZED ACCESS, VIEWING, DOWNLOADING, RECEIPT, DUPLICATION OR OTHER USE OF MATERIALS FROM THIS SITE, IN WHICH I AM DIRECTLY OR INDIRECTLY INVOLVED, INCLUDING, BUT NOT LIMITED TO ACCESSING, VIEWING, DOWNLOADING, RECEIVING OR OTHER USE OF MATERIALS IN PROHIBITED AREAS IN ANY MANNER SHALL CONSTITUTE INTENTIONAL INFRINGEMENT(S) OF THIS SITE'S AND POTENTIALLY OTHER'S INTELLECTUAL PROPERTY RIGHTS AND OTHER RIGHTS IN SUCH MATERIALS AND SHALL FURTHER CONSTITUTE A VIOLATION OF OUR TRADEMARK AND OTHER RIGHTS, INCLUDING, BUT NOT LIMITED TO, RIGHTS OF PRIVACY." "I AGREE TO BE PERSONALLY LIABLE AND FULLY INDEMNIFY THIS SITE AND Dataworld BV FOR ANY AND ALL DAMAGES DIRECTLY, INDIRECTLY AND/OR CONSEQUENTIALLY RESULTING FROM MY ATTEMPTED OR ACTUAL VIEWING OR DOWNLOADING OR OTHER DUPLICATION OF MATERIALS FROM THIS SITE FROM A PROHIBITED ACCESS ARES, OR WHICH IS OTHERWISE UNAUTHORIZED. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, ALL DIRECT AND CONSEQUENTIAL DAMAGES DIRECTLY OR INDIRECTLY RESULTING FROM UNAUTHORIZED DOWNLOADING OF MATERIALS FROM OUR SITE INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING FROM LOSS OF REVENUE, LOSS OF PROPERTY, FINES, ATTORNEY'S FEES AND COSTS, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM PROSECUTION AND/OR GOVERNMENTALLY IMPOSED SEIZURE(S), FORFEITURE(S), AND/OR INJUNCTION(S)." PROHIBITED ACCESS AREAS - THE SITE MAY NOT BE ACCESSED, VIEWED, DOWNLOADED OR OTHERWISE RECEIVED IN ANY COUNTRY OR LOCATION IN WHICH DOING SO WOULD, OR COULD BE DEEMED A VIOLATION OF ANY LAW, REGULATION, RULE, ORDINANCE, EDICT OR CUSTOM. ALL OF THE FOLLOWING AREAS CONSTITUTE PROHIBITED AREAS FROM WHICH NO PART OF THIS SITE MAY BE ACCESSED, VIEWED, DOWNLOADED OR OTHERWISE RECEIVED: A. All parts of the United States of America corresponding to the United States Postal Service Zip Codes referenced in the link below this box. B. All parts of the following countries: Afghanistan, Kuwait, Iran, Iraq, Japan, Jordan, Libya, Pakistan, The Republic of China, Singapore, Saudi Arabia, Syria, The United Arab Emirates; and C. All parts of every other geophysical place corresponding to a political entity or part thereof in which the access, viewing, downloading or other use of materials at Our Site would, or could reasonably constitute a violation of any law, regulation, rule or custom. DEFINITIONS - The term "Site", as referred to in these terms and conditions shall mean - The site to which you seek to gain access by purchasing a username and password (login) or Ticket from Dataworld BV or one of its authorized resellers. The "Site" shall include the owner thereof and persons employed in presenting the Site. The term "Member" or "Membership", as referred to in the terms and conditions shall mean -The holder (Subscriber) of a valid username and password (login) for the Site during the term of membership. Membership is non-transferable and non-assignable. The term "Subscriber", as referred to in the terms and conditions shall mean - The End-user, Consumer, of the services of the Site and holder of a valid username and password (login) for the Site. By becoming a Subscriber, you agree to pay for access to the site. The term "Login", as referred to in the terms and conditions shall mean - The combination of unique username and password that is sold by Dataworld BV and used to access the Site. A Login is a non-exclusive, non-transferable license for that individual member, and no other, to use the Site for a period of time. The term "Bookmarking", as referred to in the terms and conditions shall mean - The act of placing a webpage (URL) into a temporary file on the Subscriber's browser so that the subscriber may return to that page at a future date directly, without passing through any pages that may have been precedent. A Ticket is a number issued by the billing service. The Ticket is used to obtain access to the site after payment. Some or all of the following fees and charges may be incurred by the Subscriber: SUBSCRIPTION FEES - The subscriber is responsible for paying periodic subscription fees according to the then-current terms of the Site. You hereby authorize Dataworld BV to collect payment in the form you specify. Subscription fees are non-refundable once your username and password have been used to access a Site. AUTOMATIC RENEWAL - Subscription fees are automatically renewed, and therefore automatically charged to your credit card or check debited, at the end of the original term selected, for a like period of time, unless proper notice is received from the Subscriber at least seven (7) days prior to renewal. Trial Memberships are automatically converted (unless cancelled at least one day prior to expiry) to a one-month membership at the then-applicable monthly rate, subject to the terms of the Trial Offer below. The maximum Term of this Agreement is 120 months. Unless and until this agreement is cancelled in accordance with the terms hereof, Subscriber hereby authorizes Dataworld BV to collect payment in the form specified by Subscriber for the ongoing cost of membership. Tickets Your ticket is personal. NON-ASSIGNABILITY/THEFT OF LOGIN - Your Membership, Ticket, username and password (login), may not be assigned or transferred to any other person or entity. This means, among other things, that you cannot give it out to friends, post it in a newsgroup or on a webpage. This constitutes fraud and is punishable by law. Subscriber must promptly inform Dataworld BV or the Site of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a Ticket, username or password. Until Dataworld BV or the Site is notified, by e-mail, or by telephone, of any breach in security, the Subscriber will remain personally liable for any unauthorized use of the Service. We will terminate any tickets, usernames, passwords or logins that have been abused, and will not issue a refund or any credit. Subscriber is and shall be personally liable for, and shall defend, indemnify and hold harmless Webwise HesmbH, the Site and the Site owner from any and all damages (including loss of profits, loss of property, fines and penalties), losses and costs (including attorneys' fees) resulting from any attempted or actual unauthorized downloading or other duplication whether solely by Subscriber or with or under the authority of any other including governmental agency. TERMINATION/CANCELLATION - Subscription to the Service may be terminated at any time, and without cause, by either Dataworld BV, the Site or the Subscriber upon notification of the other by electronic or conventional mail, or by telephone, fax or filling out this cancellation request form. When a member requests termination, subscription fees are NOT refunded. Subscribers are liable for charges incurred by them until termination of service. Cancellation must occur seven (7) days before the end of a Subscription period. TRIAL OFFER - All trial offer members are exempt from the 7-day notification requirement. However, the Trial Subscription will be converted to a monthly Subscription (and the form of payment specified by Subscriber will be collected by Dataworld BV)unless the Trial Subscription is cancelled at least 48 hours before the expiry of the Trial period. Thus, a 5-day trial must be cancelled before the end of the third day of the trial. The site can still be accessed for the full five days, even if you choose to cancel. REFUNDS - If we decide to refund a Subscription that was paid for by credit card, such refund will be made only by crediting the credit card that was used to make the original purchase. NO refunds will be made by cash, check or Web900. LICENSE - Memberships to the Site are provided for personal, non-commercial use by Subscribers. Subscribers are hereby granted a single copy license to download (on a single computer only) or print copies of any of the information found on the Site for personal, non-commercial use only. Commercial use of the site, or any material located on it, is strictly prohibited. In addition, you may not modify any of the materials found on the Site; use them for any public display, performance, sale or rental; remove, modify or alter any copyright or other proprietary notice, or trademarks therefrom. You also may not transfer any material located on the Site to any other person. Dataworld BV and the Site reserve the right to terminate this license at any time if you breach the terms of this agreement, in which case you will be obligated to immediately destroy any information downloaded, printed or otherwise copied from the Site. Access to and use of the Site is through a combination of a username and a password (login). Each Subscriber must keep his or her login strictly confidential. For security reasons, Dataworld BV will not release passwords for any reason, to anyone other than the Subscriber, except as may be specifically required by law or court order. Unauthorized access to the Site is a breach of this Agreement and a violation of law. BOOKMARKING - Bookmarking to a page on the Site whereby the Warning page(s) and/or terms and conditions are by-passed shall constitute an implicit acceptance of the terms and conditions herein and an explicit acknowledgement of age of majority. DISCLAIMERS - THE MATERIALS ON THE SITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESSED OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. Dataworld BV OFFERS NO ASSURANCE OF UNINTERRUPTED OR ERROR FREE SERVICE. Dataworld BV DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED ON THE SITE. ANY OF THE INFORMATION OFFERED ON THE SITE MAY CHANGE AT ANY TIME WITHOUT NOTICE. TO THE EXTENT SUBSCRIBER IS LOCATED WHERE SUCH DISCLAIMER IS INAPPLICABLE OR RESTRICTED, THE DISCLAIMER MAY NOT APPLY AND SUBSCRIBER MAY HAVE LEGAL RIGHTS WHICH VARY FROM STATE TO STATE OR JURISDICTION. Dataworld BV, THE SITE AND THE SITE OWNER MAKE NO REPRESENTATION AS TO ANY OF THE INFORMATION FOUND AT THE SITE. SHOULD THE MATERIALS OR SERVICES PROVIDED PROVE DEFECTIVE AND/OR CAUSE ANY DAMAGE TO EQUIPMENT OR ANY LOSS OR INCONVENIENCE TO SUBSCRIBER OR ANYONE CLAIMING THROUGH SUBSCRIBER, SUBSCRIBER ASSUMES THE ENTIRE COST AND RESPONSIBILITY FOR SAME. IN THE EVENT Dataworld BV, THE SITE OR THE SITE OWNER ARE FOUND LIABLE FOR ANY FAILURE TO PERFORM, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY OR OTHERWISE AND REGARDLESS OF WHETHER BASED UPON BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CLAIM OR CAUSE OF ACTION, THE MAXIMUM LIABILITY OF Dataworld BV, THE SITE AND THE SITE OWNER SHALL BE FOR NO MORE THAN THE AMOUNT OF THE SUBSCRIPTION FEE PAID BY OR ON BEHALF OF THE SUBSCRIBER FOR THE PRECEEDING MONTH. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. HOWEVER, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL Dataworld BV, THE SITE OR THE SITE OWNER, OR ANY OF THEIR SUPPLIERS, LICENSES OR OTHER SUBSCRIBERS BE LIABLE, TO SUBSCRIBER OR OTHERS FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSSES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF GOOD WILL, WORK STOPPAGE, COMPUTER OR OTHER EQUIPMENT FAILURE OR MALFUNCTION. Upon request, Subscribers will be given access to billing records that support charges for use of the this Site. Company does not screen or endorse advertisements or communications submitted to this Site by third-party licensees, advertisers, or subscribers for electronic dissemination through this Site. Subscribers are therefore advised to use their own judgment to evaluate all advertisements and other communications available at or through the use of this Site prior to purchasing goods and/or services described at this Site or otherwise responding to any communication at this Site. If the Company should at any time provide any service which enables Subscribers to communicate with or otherwise share information with other Subscribers or persons providing any kind or service to Subscribers, you agree not to submit, publish, display, disseminate, or otherwise communicate any defamatory, inaccurate, abusive, threatening, offensive, or illegal material while connected to or otherwise directly or indirectly using this Site or other services provided to you by Company. Transmission of such material or any material that violates any federal, state, or local law in the United States or anywhere else in the world is strictly prohibited and shall constitute a material breach of this Agreement entitling Company to immediately terminate all rights to access to this Site. You are solely responsible for all information that you submit, publish, display, disseminate or otherwise communicate through this Site even if a claim should arise after termination of service. If the Company provides any such service described herein, you agree that all messages and other communications by you shall be deemed to be readily accessible to all other Subscribers who are authorized to access this Site and agree that all such messages and other communications shall not be deemed to be private or secure. Regardless of whether the Company provides any type of service described herein, you agree that you have hereby been informed and notified that any and all messages and other communications which you submit to Company directly or through this Site can be read by the operators and/or other agents of Company, whether or not they are the intended recipient(s). Notices from this Site to Subscribers may be given by means of e-mail or by general posting on this Site. Communications from you to the Company may be made by e-mail or telephone. All questions, complaints, or notices to this Site may be sent in the following manner: - by means of the customer service form. This Site is not affiliated with any company or organization other than Dataworld BV. No inference of association or affiliation with, or endorsement by any company or organization is intended or should be inferred. This Agreement contains the entire agreement between the Subscriber and Company regarding Subscribers' use of this Site, Materials and all materials directly and indirectly related thereto. This Agreement supersedes all prior written and oral understandings, writings, and representations and may only be amended upon notice by Company. This Agreement shall be governed by and construed under the laws of the Republic of The Netherlands, without reference to choice of law principles. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination. Forum - Any disputes arising out of this Agreement shall be heard only in the courts of The Netherlands. YOU HEREBY AFFIRM THAT YOU HAVE READ THIS ENTIRE AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS BY CLICKING WHERE INDICATED BELOW AND BY AUTHORIZING THE USE OF YOUR CREDIT CARD FOR PAYMENT OF CHARGES AND FEES FOR YOUR OBTAINING A SUBSCRIPTION TO THIS SITE. BY SELECTING THE "SUBSCRIBE" BUTTON YOU INDICATE THAT YOU HAVE READ THIS MEMBERSHIP AGREEMENT IN ITS ENTIRETY, UNDERSTAND ITS TERMS, CONSENT TO ALL THE TERMS AND CONDITIONS SET FORTH IN THE MEMBERSHIP AGREEMENT, REPRESENT AND WARRANT THAT YOU ARE CURRENTLY OF LEGAL AGE AND UNDERSTAND THAT MATERIALS PRESENTED AT OUR SITE INCLUDE NUDITY, VISUAL AND AUDIO PRESENTATIONS OF SEXUAL SITUATIONS AND ADULT LANGUAGE. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, ARE NOT OF LEGAL AGE, OR ARE IN AN UNAUTHORIZED DOWNLOADING LOCATION, YOU SHOULD NOT ENTER THE SITE.
